Posted on 10/24/2003 10:14:40 AM PDT by Chancellor Palpatine
Edited on 10/24/2003 12:02:17 PM PDT by Lead Moderator. [history]
DEFAMATION -- LIBEL AND SLANDER
The First Amendment to the Constitution provides a broad right of freedom of speech. However, if a false statement has been made about you, you may have wondered if you could sue for defamation.
Generally, defamation consists of: (1) a false statement of fact about another; (2) an unprivileged publication of that statement to a third party; (3) some degree of fault, depending on the type of case; and (4) some harm or damage. Libel is defamation by the printed word and slander is defamation by the spoken word.
If the statement is made about a public official - for example, a police officer, mayor, school superintendent - or a public figure - that is a generally prominent person or a person who is actively involved in a public controversy, then it must be proven that the statement was made with knowledge that it was false or with reckless disregard for whether the statement was true or false. In other words, the fact that the statement was false is not enough to recover for defamation. On the other hand, if the statement was made about a private person, then it must be proven that the false statement was made without reasonable care as to whether the statement was true or false.
There are a number of defenses available in a defamation action. Of course, if a statement is true, there can be no action for defamation. Truth is a complete defense. Additionally, if the statement is an expression of an opinion as opposed to a statement of fact, there can be no action for defamation. We do not impose liability in this country for expressions of opinion. However, whether a statement will be deemed to be an expression of opinion as opposed to a statement of fact is not always an easy question to answer. For example, the mere fact that a statement is found in an editorial is not enough to qualify for the opinion privilege if the particular statement contained in the editorial is factual in nature.
There is also a privilege known as neutral reporting. For example, if a newspaper reports on newsworthy statements made about someone, the newspaper is generally protected if it makes a disinterested report of those statements. In some cases, the fact that the statements were made is newsworthy and the newspaper will not be held responsible for the truth of what is actually said.
There are other privileges as well. For example, where a person, such as a former employer, has a duty to make reports to other people and makes a report in good faith without any malicious intent, that report will be protected even though it may not be totally accurate.
Another example of a privilege is a report on a judicial proceeding. News organizations and others reporting on activities that take place in a courtroom are protected from defamation actions if they have accurately reported what took place.
If you think you have been defamed by a newspaper, magazine, radio or television station, you must make a demand for retraction before a lawsuit can be filed. If the newspaper, magazine, radio or television station publishes a retraction, you can still file suit, but your damages may be limited. Unless the media defendant acted with malice, bad faith or reckless disregard for the truth or falsity of the story, you can only recover your actual damages. No punitive damages can be assessed in the absence of these elements.
An action for libel or slander must be brought within two years of the time the statements were made. If you wait beyond this two year period, any lawsuit will be barred.
Libel and slander cases are often very complicated. Before you decide to take any action in a libel or slander case, you should consult with an attorney. An attorney can help you decide whether you have a case and advise you regarding the time and expense involved in bringing this type of action.
(updated 12/01)
That is my point. He is, by definition a "Public Person" involved in a public controversy, and the above, negates the charge of libel...
Palpatine doesn't know squat whcih means you, as his toady, knows less than squat.
Statements some here have made about Schiavo are clearly defamatory.
Just how would one go about defaming a worm?
If Schiavo is the evil, greedy man some here say he is, then he would dearly love to make some spending money by filing defamation suits, wouldn't he?
Whats he gonna do, file a class action defamatory lawsuit against 100 million Americans whose opinion is that he belongs in a package with TROJAN marked on it?
Should make for lots of discovery Wacky, eh? --------------------------------------------------------------------------------
I suspect (gotta CYA) Chancellor Palpatine has been looking into this personally because he has been considering doing this to certain FR posters here himself. I think several posters used to bring up his previous screen name and his perverted Free Republic pronouncements about his personal life under his prior screen name.
he is a vindictive malcontent troll.
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Source: http://www.freedomforum.org/templates/document.asp?documentID=3967
I'm having serious CivPro flashbacks.
That's an awfully bizarre rule. One would think that due process would require that the defendant in the suit be subject to the laws of his state, not the state of whoever doesn't like what he's doing. It's like saying we should be subject to the Sharia if we disparage Mohammed.
Somehow the phrase "Physician (counselor), heal thyself" comes to mind. But nobody here should be so foolish as to dare to use it to refer to a real person, so I won't.
After all, we have been warned by someone who apparently does not understand or have a healthy respect for the process of "discovery," which has prevented a lot of vile, abusive, frivilous legal actions -- brought by members of the group of blood-sucking whores with briefcases that has ruined this country -- from ever seeing the light of day.......
Not much Jim could do in that situation. Even if he defies a court order, that just means federal marshals come in and seize the servers and such. If he were to erase stuff, he'd be charged with destruction of evidence or whatnot.
"It's hard to win a libel case given the framework the US Supreme Court has erected in order to protect First Amendment interests, most notably in New York Times Co. v. Sullivan (1964) and Gertz v. Robert Welch Inc. (1974)."
Source: http://www.wired.com/wired/archive/4.03/letitdie.html
"Based on what I've seen, IMHO MS is an adulterous, cruel, lying attempted murder" ???
Are you telling us that this is actionable, even with the first 6 words in the statement?
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